Bill Text: NJ S3419 | 2024-2025 | Regular Session | Introduced
Bill Title: Authorizes certain types of permanent structures, newly constructed or erected on preserved farmland, to be used, in certain cases, for purposes of holding special occasion events thereon.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-06-10 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S3419 Detail]
Download: New_Jersey-2024-S3419-Introduced.html
Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Authorizes certain types of permanent structures, newly constructed or erected on preserved farmland, to be used, in certain cases, for purposes of holding special occasion events thereon.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of certain new and permanent structures for special occasion events held on preserved farmland, and amending P.L.2023, c.9.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2023, c.9 (C.4:1C-32.17) is amended to read as follows:
3. a. Notwithstanding any law, or any rule or regulation adopted pursuant thereto, to the contrary, a person may hold a special occasion event on preserved farmland, provided that the grantee determines the preserved farm complies with the terms of the Farmland Preservation Program deed of easement recorded against the preserved farmland, the person complies with the requirements set forth in P.L.2023, c.9 (C.4:1C-32.15 et seq.), and the special occasion event is held in compliance with the requirements of this section and the rules and regulations adopted by the committee pursuant to section 6 of P.L.2023, c.9 (C.4:1C-32.20).
b. The owner or operator of a commercial farm located on preserved farmland that produces agricultural or horticultural products worth $10,000 or more annually may hold special occasion events on the farm. The special occasion event shall comply with the following requirements:
(1) A special occasion event shall have a maximum duration of two consecutive calendar days if the event is marketed as a single event. An event shall be considered a single special occasion event, even if the event lasts for more than one day, if the event:
(a) is marketed as a single event;
(b) occurs only on consecutive days; and
(c) does not last for more than two days.
(2) A special occasion event shall not interfere with the use of the preserved farmland for agricultural or horticultural production. The special occasion event shall have minimal effects on the occupied area and shall be designed to protect the agricultural resources of the land and ensure that the land can be readily returned to productive agricultural or horticultural use after the event.
(3) A special occasion event that involves the service of alcoholic beverages shall comply with all applicable State and local laws, regulations, resolutions, and ordinances.
(4) (a) All applicable State and local laws, regulations, resolutions, and ordinances including, but not limited to, those concerning food safety, litter, noise, solid waste, traffic, and the protection of public health and safety shall apply to the special occasion event and all activities related thereto. To comply with local laws, regulations, resolutions, and ordinances, the municipality may require that an owner or operator of a commercial farm located on preserved farmland submit an application to the municipality for approval and may designate an office or agency of the municipality to review municipal applications for conducting special occasion events. A municipality may require a municipal application if the special occasion event would:
(i) generate a parking or traffic flow situation that could unreasonably interfere with the movement of normal traffic or emergency vehicles or other organized group sharing similar common purposes or goals proceeding in or upon any street, park, or other public place within the municipality; or
(ii) require the expenditure of municipal resources or inspections from agencies or authorities of the municipality.
(b) For a municipal application submitted in accordance with subparagraph (a) of this paragraph, the municipality shall not charge an application fee of more than $50. The municipal application shall not require more information than an identification of locations of where tents and other temporary structures, sanitary facilities, parking, and access and egress will be located for each event, where music will be played, the number of expected guests, and other information that may be of public concern and would be required of a similar event when conducted at a public park or another public venue.
(5) (a) No new permanent structures shall be constructed or erected on preserved farmland for the purpose of holding a special occasion event, and improvements to existing structures shall be limited to the minimum required for the protection of health and safety, except that, notwithstanding the provisions of this subparagraph to the contrary, and commencing on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), a new and permanent structure currently existing, or proposed to be newly constructed or erected on, preserved farmland, may be used for the purposes of holding special occasion events thereon, provided that:
(i) the new and permanent structure either: was constructed or erected on or after the effective date of P.L.2023, c.9 (C.4:1C-32.15 et seq.) and within the 24-month period immediately preceding submission of the application pursuant to subsection c. of this section; or will be constructed or erected in the same calendar year in which, but prior to the date on which, the special occasion events necessitating the use thereof are approved to be held pursuant to paragraph (2) of subsection c. of this section;
(ii) the construction or erection of the new and permanent structure is necessary both: to effectuate the applicant's functional ability to hold special occasion events on the preserved farm, in accordance with the provisions of P.L.2023, c.9 (C.4:1C-32.15 et seq.); and to prepare or rehabilitate the grounds, on the farm, which are to be used for special occasion event purposes;
(iii) the new and permanent structure is not solely functional or formally designated as an entertainment or events venue and has a primary farm-related function other than serving as a space for the holding of special occasion events; and
(iv) the new and permanent structure satisfies all siting and construction requirements applicable to the construction of facilities and buildings on preserved farmland.
(b) No permanent structure, which has been constructed fewer than five years prior to the date [of] on which an application [to the grantee to hold a special occasion event] is submitted pursuant to subsection c. of this section, shall be used for the purpose of holding the special occasion [event] events identified in the application; however, nothing in this subparagraph shall be deemed to prohibit the initial or ongoing use, for the holding of special occasion events, of any such permanent structure that meets the standards established pursuant to subparagraph (a) of this paragraph, for such purposes.
(c) The installation and use of tents, canopies, umbrellas, tables, chairs, and other temporary structures on preserved farmland for the purpose of holding special occasion events shall be a permitted use provided that the tent, canopy, umbrella, table, chairs, or other temporary structure conforms to all applicable provisions of the State Uniform Construction Code and Uniform Fire Code, which have been adopted by the Commissioner of Community Affairs pursuant to P.L.1975, c.217 (C.52:27D-119[,] et seq.) and P.L.1983, c.383 (C.52:27D-192 et seq.), respectively. The permitted use of tents, canopies, umbrellas, tables, chairs, and other temporary structures allowed by this subparagraph shall be limited to the timeframe encompassing the first day of April through November 30 of each year.
(d) No public utilities, including gas or sewer lines, shall be extended to the preserved farmland for the purpose of holding special occasion events, except that electric and water service may be extended to preserved farmland for the purpose of holding special occasion events.
(6) Parking at a special occasion event shall be provided through the use of existing parking areas on the farm and curtilage surrounding existing buildings to the extent possible. Additional on-site areas required to provide temporary parking shall comply with the standards for on-farm direct marketing facilities, activities, and events adopted by the committee pursuant to the "Right to Farm Act," P.L.1983, c.31 (C.4:1C-1 et seq.).
(7) The occupied area associated with a special occasion event shall be no more than the lesser of 10 acres or 10 percent of the preserved farmland.
c. A special occasion event shall not be held on preserved farmland unless the applicant obtains approval to hold special occasion events, in writing from the grantee, prior to holding a special occasion event. If the applicant is the operator, but not the owner, of the farm, then the operator shall submit to the grantee a notarized affidavit from the owner authorizing the application. Once approval is obtained from the grantee, a permittee shall be required to submit an application pursuant to this subsection not more than once annually, and an individual application shall not be required for each special occasion event.
(1) A grantee whose approval is required for a special occasion event to be held on preserved farmland shall develop an application process by which an owner or operator of a commercial farm located on preserved farmland may apply for approval. The application shall, at a minimum, allow the grantee to determine:
(a) based on an attestation or other appropriate documentation provided by the applicant, that the commercial farm located on the preserved farmland produces agricultural or horticultural products worth $10,000 or more annually[, and this may include an attestation that the commercial farm located on the preserved farmland produces agricultural or horticultural products worth $10,000 or more annually];
(b) the number of special occasion events to be held on the commercial farm during the calendar year;
(c) the maximum attendance [of] authorized for the special occasion events;
(d) the total size, in acreage, of the [occupied] area on the preserved farm, as delineated on a map or aerial photograph, which is to be used for the special occasion [event] events; [and]
(e) whether the farm is in compliance with its farmland preservation deed of easement; and
(f) whether, and the extent to which, as certified by the applicant and supported by sufficient documentation, any new and permanent structures, currently existing, or proposed to be newly constructed or erected on the preserved farm, may be used for the purposes of holding special occasion events thereon, as provided in the standards established by subparagraph (a) of paragraph (5) of subsection b. of this section.
(2) The grantee shall approve [an], in writing, any application [made] submitted pursuant to this section [upon a finding] if it finds that the special occasion events [on the preserved farmland that are the subject of the application] identified therein will comply with the requirements of [this act] P.L.2023, c.9 (C.4:1C-32.15 et seq.) and any rules and regulations adopted by the committee [to implement this act] pursuant thereto. A written notice of approval issued, pursuant to this paragraph, shall specifically indicate whether, and the extent to which, the applicant is approved and authorized, pursuant to subparagraph (a) of paragraph (5) of subsection b. of this section, to use one or more new and permanent structures currently existing, or proposed to be newly constructed or erected, on the preserved farm, for the purposes of holding, thereon, the special occasion events identified in the application. The grantee shall forward a copy of its written approval to the committee and to the board in the county [in which] where the preserved farmland is located.
(a) If the grantee is a qualifying tax exempt nonprofit organization as defined pursuant to P.L.1999, c.152 (C.13:8C-3), the grantee may approve, approve with conditions, or deny the application submitted pursuant to this section.
(b) If the grantee does not respond to a written request to hold special occasion events within 90 days following receipt of a request, then the request shall be deemed approved.
(c) If the grantee denies an application made pursuant to this section, the grantee shall provide a reason for the denial and an opportunity for the applicant to reapply with an amended application.
(3) An applicant shall annually certify to the grantee, in a form and manner to be prescribed by the grantee, information about the special occasion events held in the prior calendar year that were approved pursuant to this section, including, but not limited to, the date, occasion, and approximate number of attendees of each event. The grantee shall forward a copy of the certification to the committee.
d. A commercial farm shall not hold more than one special occasion event with over 100 guests per calendar day. A commercial farm may hold 26 special occasion events each calendar year, of which only six special occasion events may have 250 guests or more in attendance at any time during the event. A special occasion event held by or for a nonprofit entity shall not count against the limitations on events provided by this subsection if the event has fewer than 100 guests and the permittee does not charge for, and receives no fees or compensation for hosting the event, other than for reimbursement of out-of-pocket expenses. The maximum reimbursement to the permittee shall not exceed $1,000.
e. A retail food establishment other than a temporary retail food establishment, as those terms are defined in the State Sanitary Code adopted pursuant to section 7 of P.L.1947, c.177 (C.26:1A-7), shall not operate on a commercial farm in support of a special occasion event. The limitations of this subsection on the use of a retail food establishment shall not apply to a retail food establishment based at the commercial farm.
f. Nothing in P.L.2023, c.9 (C.4:1C-32.15 et seq.), or the rules and regulations adopted by the committee pursuant to section 6 of P.L.2023, c.9 (C.4:1C-32.20), shall apply to any special occasion event that is not held, in whole or in part, on preserved farmland on a commercial farm, including, but not limited to, exception areas.
(cf: P.L.2023, c.9, s.3)
2. This act shall take effect immediately, and shall be retroactive to February 3, 2023.
STATEMENT
This bill would amend existing State law, at P.L.2023, c.9 (C.4:1C-32.15 et seq.), which authorizes the holding of certain limited special occasion events on preserved farms, in order to clarify the circumstances under which certain newly constructed or erected permanent structures may be used for such special occasion events.
The law currently prohibits any new, permanent structures from being constructed or erected on preserved farmland for the purpose of holding a special occasion event thereon, and it further prohibits the improvement of any existing structures, for such purposes, except when such improvements are limited to the minimum required for the protection of health and safety. This bill would establish a limited exception to these general statutory prohibitions, which would authorize certain new and permanent structures, currently existing or proposed to be newly constructed or erected on a preserved farm, to be used for the purposes of holding special occasion events thereon.
Specifically, the bill would provide that, commencing on its effective date and retroactive to February 3, 2023 (i.e., the effective date of P.L.2023, c.9 (C.4:1C-32.15 et seq.)), any new and permanent structure existing, or proposed to be newly constructed or erected on, preserved farmland, may be used for the purposes of holding special occasion events thereon, provided that:
(1) the new and permanent structure either: was constructed or erected on or after the February 3, 2023 effective date of P.L.2023, c.9 (C.4:1C-32.15 et seq.) and within the 24-month period immediately preceding submission of the application; or will be constructed or erected in the same calendar year in which, but prior to the date on which, the special occasion events necessitating the use thereof are approved to be held;
(2) the construction or erection of the new and permanent structure is or was demonstrably necessary both: to effectuate the applicant's functional ability to hold special occasion events on the preserved farm, in accordance with existing law; and to prepare or rehabilitate the grounds, on the farm, which are to be used for special occasion event purposes;
(3) the new and permanent structure is not solely functional or formally designated as an entertainment or events venue and has a primary farm-related function other than serving as a space for the holding of special occasion events; and
(4) the new and permanent structure satisfies all siting and construction requirements applicable to the construction of facilities and buildings on preserved farmland.
The farm owner or operator would be required, in the application to the grantee submitted pursuant to the law, to certify and provide supporting documentation to establish that any such new and permanent structure meets the standards established by the bill.
